At Aviso Law, we understand the difficulties involved in determining spousal maintenance after a divorce. Spousal maintenance is often a sensitive and difficult matter, and it takes an emotionally skilled lawyer experienced in the area to successfully handle it. At Aviso Law our Colorado Springs family law attorneys are experts in establishing, modifying or terminating spousal maintenance, and we have the experience, skill and client-focused approach needed to ensure the best possible outcome for you.
The court may award maintenance, formerly known as alimony, in a divorce, legal separation or declaration of invalidity of marriage only if requested. There are many factors in determining whether maintenance may be awarded in a Colorado divorce. Maintenance is often a highly contested issue.
There is a new Colorado formula used to help determine spousal maintenance in cases where the duration of the parties’ marriage is at least three years and the parties’ combined, annual adjusted gross income does not exceed $360,000. The formula is used as guide to help the court determine the amount and length of maintenance. However, the court may still exercise discretion in determining the appropriateness of any maintenance by considering case specific factors, including but not limited to:
- The duration of the marriage
- The standard of living during the marriage
- The age and health of both parties
- The spouses’ education, employment prospects and earning capacities
- The financial circumstances of both spouses.
- The outcome of property division
- The financial resources of the payor spouse and the needs of payee spouse
- Whether one party has historically earned higher or lower income